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Court of Protection Catch 22

A few weeks ago, I contacted The Court of Protection requesting to know what form I needed to obtain and complete to have my brother’s case returned to court with me representing us both, as the contact schedule order document (point 17) said any party could have the case returned. I’m publishing this because I believe it is in the public interest of others attempting to do similar and finding that you are informed you should seek legal advice when, in fact, you don’t need a solicitor, although it is advisable.
Should you not want to employ the services of a solicitor but manage the case yourself, planning on using the services of a barrister only, you will likely encounter the catch-22-like situation.

The last response I received from the CoP said that the matter ‘matter is concluded, copying the correspondence in the court is not appropriate and that there are no live court proceedings.

Along with my email, I had sent a copy of the letter I had sent to The Priory Group’s Rebekah Cresswell, for theirs and their Head of Legal’s attention along with cc’ing the Head of Legal at the CQC. in January 2024. Neither organisation responded regardless of the Court Order and my request for The Priory Group to start proceedings.
The below: letter-to-priory-group-rebekah-cresswell-and-legal

Letter to Priory Group Rebekah Cresswell and Legal

 

 

 

 

My Brother’s Birthday

A short post from me.
I didn’t try arranging for my brother to visit for his Birthday, mindful that we would be denied the event, again, regardless of the Court Order which has proved to be useless other than to allow The Priory Group to control and Herefordshire Council to institutionalise my brother.

I attempted some weeks ago to contact and ask the Court of Protection what form I need for us to apply to return his case to Court and received no answer, but the judges response is for another day and post.

So, his card and small gift go in the box with the hope that one day he gets to have them.

Just One Inaccuracy in the IPT Decision

The below is part of the redacted Investigatory Powers Tribunal (IPT) decision letter, dated the 12th April 2024, I received regarding Herefordshire Council’s years of monitoring my website and social media while issuing threats and imposing punitive restrictions since I evidenced neglect etc. of my vulnerable adopted brother in the council’s ‘care’.
This letter, I received before appealing to the IPT for permission to Leave to Appeal to the High Court.

As can be read, point 23 says ‘The Tribunal has not been directed to any policy held by the respondent in respect of its one off, or repeated viewing or monitoring of social media/websites.’

IPT Decision point 23

 

The above is factually inaccurate, as is evidenced by the below redacted copy of my email to the IPT, dated 5th March 2024, showing I provided, as attachments to my email, copies of Herefordshire Council’s policy documents, along with further password-protected information.

Gmail - weblogs and Policies_Redacted

 

The IPT were also directed at the start of the case to the following webpages containing records of evidence of Herefordshire Council’s seven years of monitoring, referring to some content:

ICO Bias Investigation Case IC-188010-V0J0

ICO Herefordshire Council Surveillance Etc.

Threatening Letters

After the above, I submitted a leave to appeal form to the IPT. My grounds for appeal, which the IPT refused were:
* Failed to take into account or resolve conflicts of fact or opinion on a material matter
* Gave weight to immaterial matters and Herefordshire Council’s statement
* Failed to gather evidence relevant to determine whether entitlement or procedure rule was satisfied

I was also not able or assisted to obtain further records for evidence of their activity from Herefordshire Council and their provider services Hoople and ForcePoint; spoliation a likely, and in part, verifiable reason. A clear indication to me, that much like the post office scandal, concealment of evidence is permitted to occur in some organisations.

Herefordshire Council nor the IPT appear to have made any efforts to secure evidence of social media account providers’ logs, which, if done, would have corroborated the visits recorded by Herefordshire Council to my social media accounts without authorisation, verifiable with data I hold; some of which was provided to the IPT.
This evidence appears to have been disregarded by the IPT and not requested and examined; similarly, Forcepoint VPN data.
However, I did receive an ‘unreasonable behaviour’ letter from Clair Porter of Herefordshire Council, the same individual who misled the IPT regarding the number of my emails to councillors asking for their assistance, Porter’s letter imposing and extending restrictions for requesting data and assistance from specific councillors.

The IPT refused my appeal to leave request, denying me any justice for the distress & harm caused by Herefordshire Council and its employees, failing to thoroughly review evidence and hold the council accountable.
The only route left, a costly appeal to the Court of Appeal for permission to proceed to The High Court for a proper case review at a significant cost.

The broader purpose of this post is to stress that when local authorities choose to deceive or conceal, or relevant bodies lack oversight or fail, similar injustice could happen to you or many others, while councils staff appear free to ignore policies and laws such as RIPA authorisation.

Information Commissioner’s Office Ignorance May 2024

I sent the below to the Information Commissioner’s Office, some weeks ago, which was read but ignored.

As of writing this I’ve received no response to date, their staff assisting Herefordshire Council with spoliation of evidence and concealment of their actions & seven years of monitoring my website and social media.
So much for transparency, accountability and justice.

email to the ICO - 9 May 2024_Redacted

Contacted Professional for A Report

I posted the below 4 years ago, Yesterday, on social media.

I did eventually manage email contact with Prof Murphy but couldn’t afford her services at the time. Prof McDonell never replied. I firmly believe if I had been able to afford their services and professional opinion, my brother would not have remained in Priory Group ‘care’, and certain Herefordshire Council employees, from the top down, would not have been able to conceal neglect and incidents so easily. Likely why they have repeatedly, abused powers, attacked, alienated and punished us for so many years.

Letter to The IPT

As some will know,  months ago I took a case to the Investigatory Powers Tribunal regarding Herefordshire Council’s evidenced and extensive seven-year period of monitoring this website, my social media and copying data without any authorisations, RIPA or other while issuing punitive restrictions and repeated vexatious threats of legal action for evidencing to the council neglect and issues involving my vulnerable brother and for my requesting records. The IPT case culminated with them, having made factual errors, stating I needed to appeal to the Appeal Court to apply to the High Court for the case to be heard.

I’ve now further written to the IPT. I firmly believe their lack of review of evidence and inaccurate statements in decision notice will in effect in the eyes of Herefordshire Council and its staff, permit them to continue to disregard their own policies, laws, and abuse powers in future. Potentially causing other members of the public harm as they did me, in the form of a stroke and irreversible brain injury.

The below is a copy of my recent emailed letter to the IPT yesterday.

IPT Letter 06-06-2024_Redacted

 

 

12th May 2024

Today, I posted the below letter to Paul Walker the CEO of Herefordshire Council, Having submitted a leave to appeal to the Investigatory Powers Tribunal regarding the case I raised and evidenced to them concerning Herefordshire Council’s repeated spying on this website and my social media, without any lawful authorisations, from 2017 to 2024.

Herefordshire Council Paul Walker 145 emails etc 12-05-2024_Redacted

 

Due to the ongoing battle between Herefordshire Council and myself, I have been forced to place my brother’s care and support issues on the proverbial back seat for the time being.

The council’s chosen hostile treatment, repeat harassment and threats of legal action against me, attempting to conceal their spying on this website and my social media accounts, without lawful authorisations, and ignoring evidenced incidents I reported, have come at the expense of their abandonment of obligations to support my vulnerable brother and me, in recent years.

Asking for councillor assistance has for the most part been a futile and disappointing experience, with my local councillor RL and lead councillor  JL choosing to disregard my requests for their help. However I will imparting information with councillors when I see fit too.

 

 

Herefordshire Council and The IPT

I will likely move this to a page at a later date due to how long it will become.

Some months ago I raised a case with the Investigatory Powers Tribunal after I was informed by the Information Commissioner’s office that I should do so for evidencing to them Herefordshire Council was repeatedly visiting this website and my social media, bypassing network restrictions to do so using VPN/Proxy connections, as well as their own network, while issuing punitive restrictions on communication and repeated threats of legal action between 2017 and 2024. Further stating they would continue to monitor my social media, and refusing to provide me with any copies of any authorisations for such while also claiming they did not need or have any lawful authority.

While I have provided irrefutable evidence of Herefordshire Council’s actions, the council continued to attack, harass and attempt to intimidate me, repeatedly refusing to provide records I requested and demanding I do not contact local councillors for assistance, as can be seen in the vexatious letters received from their solicitors Mr Sean O’Connor and Ms Claire Porter on the page: ‘Threatening Letters’

To update with page link

 

Back to RC and Covering Up

An important, though lengthy post.

It’s taken me a long time and repeated efforts, but I managed to find and recover a particular phone recording from a failed drive, and some documents. 

The phone recording took place in May 2018, months after Herefordshire Council and the social worker RC promised they would be moving my brother closer to home and family, and important for a separate reason which will also become apparent later.

The below is just part of a recording that lasts approx. 15 minutes 8 seconds, attempting to have a social worker RC view evidence and protect my brother.

The call concerns a mobile phone the social worker RC gave to my brother some months earlier for his sole use to remain in contact with family and for safety, from which I later recovered concerning files regarding my brother’s ‘care and support’.

The device contained concerning recordings, deleted, I suspect from memory, by Priory Group or council staff when personnel discovered they had recorded themselves admitting to evidence, after confiscating the phone, unlocking and accessing it, recording themselves without consent and deleting files. 

 

Regarding deleting recordings, some CQC guidance states what staff can and can’t do, guidance which both Herefordshire Council and Priory Group staff ignored.
Ref: CQC guidance – Surveillance equipment placed by people in your care or their relatives

RC knew the device could record audio/video and was one of only two people who knew the unlock code. RC was the person who took the device to my brother so he could remain in contact with family, for his safety to evidence incidents and how my brother was being ‘cared for and supported’. Similarly RC had viewed log files at our family home regarding my brother’s computer and false claims of support and his use of said computer at the Priory Group home. 

Initially, I had trust in the social worker RC to be honest and protect my brother, though this faith was sadly lost when RC began to conceal inadequate care of my brother under Their care, broke promises of moving my brother and later attempt to frame-me for trying to help my brother evidence inadequate care and support. Therefore, any mention I had made of trust or confidence in RC no longer applied from that moment and never will since he attempted to conceal and later attacked me for trying to help my brother. 

The only reason I can accept for RC’s willing part in covering up incidents and deceiving me is because of their employment interests, targets and that of their colleagues.

The separate reason
As I have mentioned in earlier posts, RC was working for Herefordshire Council as, and using the title of, a social worker in September 2017, months before this recording and taking the device to my brother, and before registration, a criminal offence under The Care Standards Act 2000.
Ref: Care Standards Act 2000

Additionally, when I raised concern about RC with the HCPC (Health and Care Professions Council), which at the time was the body that social workers must register with before using the title of social worker, Herefordshire Council falsely stated to the HCPC that RC was not working as a social worker, contrary to their involvement with my family and his use of the title months before the phone call.
RC was not registered with The HCPC to practice as a social worker until 13th October 2017, as records can verify.

The HCPC later, in 2019, informed me via email, referring to RC as follows: ‘His employer has provided a positive reference and have not raised any concerns about his fitness to practise and confirmed that he was not practising as a social worker before his registration – but rather was employed in an alternative role within the local authority.’ 

Pages from Gmail HCPC - Case Ref_ FTP69&&&_Redacted

 

Ref: The HCPC Standards of Conduct, Performance and Ethics says:
9. Be honest and trustworthy
10. Keep records of your work

 Below are just two Mosaic log entry records clearly showing RC was using the title of SW before the registration date, contrary to Herefordshire Council’s statement to the HCPC.

RC Using SW Title1 - Copy_Redacted

 

RC Using SW Title2 - Copy_Redacted

 

Having listened to the audio recording clip and seen the log entries, you will now understand RC was employed and acting as a social worker for Herefordshire Council, contrary to their statement, while involved with my family, months before the phone call took place. 

If it takes me the rest of my life, I will, one day, try to find and recover the old CCTV drive and recording showing RC with a colleague in my home representing themself as a social worker and deceiving me about my brother’s ‘care’ and support. Then I will publish this too, as they went on to mislead and further deceive, resulting in losing my brother to The Priory Group.

Easter 2024

I reluctantly didn’t attempt requesting that my brother come to visit this year for Easter, as I suspected Priory Group would once again deny him of a visit with a spurious excuse, regardless of a Court decision regarding contact.
Additionally, as Herefordshire councils punitive restriction on communication with them extends into another year, we are afforded no support, and I remain denied of trying to explain to him that our mother died four years ago.